Senate BillNo. 1229


Introduced by Senators Jackson and Stone

February 18, 2016


An act to add Section 1714.24 to the Civil Code, and to add Sections 117670.5, 117748, and 118312 to the Health and Safety Code, relating to pharmaceutical waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 1229, as introduced, Jackson. Pharmacies: secure drug take-back bins.

Under existing law, the Medical Waste Management Act, the State Department of Public Health regulates the management and handling of medical waste, including pharmaceutical waste, as defined. The act generally prohibits a person from transporting, storing, treating, disposing, or causing the treatment of medical waste in a manner not authorized by the act. a violation of that provision is a crime.

This bill would require a pharmacy that owns or operates a secure drug take-back bin, as defined, in a publicly accessible location to take reasonable steps to ensure the proper disposal of the pharmaceutical waste contained in the bins. The bill would provide that the owner or operator is not liable for civil damages arising from the use of the secure drug take-back bin if the owner or operator takes reasonable steps, as specified, to ensure the health and safety of consumers and employees and the proper disposal in the waste stream of the pharmaceutical waste contained in the bins. By expanding the application of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

(a) It is the intent of the Legislature to encourage
2the good faith participation of pharmacies in hosting secure drug
3take-back bins on their premises for the convenience and public
4health and safety of prescription drug consumers and the proper
5disposal in the waste stream of the pharmaceutical waste contained
6in the bins.

7(b) It is the intent of the Legislature to prescribe the standards
8of reasonable care necessary for pharmacies that host secure drug
9take-back bins on their premises.

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SEC. 2.  

Section 1714.24 is added to the Civil Code, to read:

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1714.24.  

Any pharmacy that owns or operates a secure drug
12take-back bin in a publicly accessible location shall not be liable
13for civil damages arising from the use of the secure drug take-back
14bin if the owner or operator takes reasonable steps pursuant to
15Section 118312 of the Health and Safety Code to ensure the health
16and safety of consumers and employees and the proper disposal
17in the waste stream of the pharmaceutical waste contained in the
18bins.

19

SEC. 3.  

Section 117670.5 is added to the Health and Safety
20Code
, to read:

21

117670.5.  

“Home-generated pharmaceutical waste” means a
22pharmaceutical that is a waste generated by a household or
23households.

24

SEC. 4.  

Section 117748 is added to the Health and Safety Code,
25to read:

26

117748.  

“Secure drug take-back bin” means a receptacle that
27can receive home-generated pharmaceutical waste, that employs
28a locking mechanism that requires the hazardous waste hauler and
29the bin owner or operator to use two, nonidentical keys
30simultaneously to access the contents of the bin, and that is secured
31to a wall or the ground.

32

SEC. 5.  

Section 118312 is added to the Health and Safety Code,
33to read:

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118312.  

Any pharmacy that owns or operates a secure drug
2take-back bin in a publicly accessible location shall take reasonable
3steps to ensure the proper disposal in the waste stream of the
4pharmaceutical waste contained in the bins.

5

SEC. 6.  

No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.



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